Statewide Tobacco Compliance Checks

SYNAR Fact Sheet

As part of the Nebraska comprehensive tobacco cessation and merchant education process the state checks to see if youth under 18 can buy tobacco products. Below is a table showing the rate of sales to minors for selected years since 1995. Nebraska has dropped below 20 percent sales rate to minors in checks conducted by the Nebraska State Patrol and local Peace Officers. The goal is to have a violation rate across the state of less than 10 percent.

2015 Non-Compliance Rate Falls Below 10 Percent

Checks are conducted throughout the year and summarized into regional and statewide rates.

Summary of Troop Area Non-Compliance Rates for Nebraska 1995 to 2015

Troop Area

Headquarters

Troop A

Troop B

Troop C

Troop D

Troop E

Statewide (Weighted)

Omaha

Non Omaha

2015

10.0

3.1

8.8

12.2

3.2

22

0.0

9.0

​2014

​26.0

​7.7

​0.0

​26.7

​10.1

​12.8

​12.5

​16.3

​2013

25.6​

​10.3

​5.3

​17.3

​5.2

​28.2

​20.0

​16.4

​2012

​10.8

​11.6

​3.2

​16.1

​13.6

​28.6

​13.8

​14.0

​2011

​14.1

​4.5

​12.5

​6.9

​10.9

​20.0

​8.0

​10.7

2010

10.6

7.3

6.8

8.5

13.8

20.0

10.3

10.7

2009

15.6

6.1

20.3

13.5

11.7

19.3

15.4

13.5

2008

8.7

5.1

8.5

10.8

22.1

25.3

10.0

12.2

2007

13.6

3.0

8.1

5.8

14.5

25.2

16.1

11.5

2006

18.7

7.6

20.9

4.7

13.9

31.7

12.7

14.7

2005

14.1

11.2

4.5

15.2

8.5

7.6

10.7

2004

16.0

16.3

2.5

21.2

21.0

21.7

16.0

2003

19.0

10.7

9.2

22.4

18.8

19.2

15.8

2002

27.5

13.6

5.1

29.8

23.0

19.3

18.6

2001

28.2

13.8

6.3

22.2

26.5

23.7

18.8

2000

26.4

4.4

12.6

15.9

19.0

21.1

14.8

1999

28.1

16.8

15.4

35.7

23.6

27.1

23.1

1998

25.6

21.8

12.2

28.3

23.8

41.7

23.8

1997

20.1

20.1

17.9

29.2

21.5

41.5

24.3

1996

26.2

29.0

29.5

25.0

58.0

42.5

32.2

1995

65.5

54.5

28.6

32.0

75.0

18.6

42.9

During the first three quarters of CY 2015 the cooperating individuals (individuals between 15 and 17 years of age), and peace officers conducted compliance checks at 436 retailers in the state. The table below summarizes the results of the compliance checks and the 37 retailers who sold to the cooperating individual. Compliance checks used for this study are conducted in a strict statewide random sampling procedure. Your local community coalition may be working to conduct checks, and retailer education in your community.

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Nebraska 2015 Synar Checks

Troop Area

Percent of State's under 18 Population

Estimated Outlet Population

Number of Sampled Outlets

Number of Violations

Retail Violation Percent (Unweighted)

Area A - Non Omaha

35.7

216

35

3

8.8

Area A - Omaha

361

67

2

3.1

Area B

16.5

476

88

9

12.2

Area C

12.6

350

65

2

3.2

Area D

6.3

272

50

11

22.0

Area E

5.2

161

30

0

0.0

HeadQuarters

23.7

547

101

10

10.0

​State

​100

2,383

436

37

9.0

COMPLIANCE CHECK PROCEDURES

The Nebraska State Patrol goes out and checks for tobacco sales to minors. A standard protocol is used. Cooperating individuals (persons under age for product purchases) sign an agreement. A standard reporting form is used. These standards are used by all law enforcement agencies in the state to conduct tobacco checks. Checks are made by staff of each of the Nebraska State Patrol troop areas ( Map)

CITATIONS ISSUED

Compliance checks are carried out by law enforcement agencies. Compliance checks are an enforcement effort with citations issued to either the clerk or the retailer.

SYNAR Reports:

Complete SYNAR reports are available as part of the Federal Fiscal Year (FFY) Substance Abuse Prevention and Treatment Block Grant application for application year and summarize activities of compliance checks and tobacco related activities of the Division through September. Contact the Division for copies of this report.

Municipal and County Clerks Responded to January 2016 Request for Tobacco Licensing Information

Annually the Division of Behavioral Health conducts a survey of the county and municipal clerks to obtain retail licensee holders names and address. The list of licensees is available by contacting the Division. In January 2016, 93 of 93 county clerks responded to the Division's request and information was received for all but 10 of 531 municipalities.

Every five years the Division undertakes a survey to review the completeness of the list used to draw the sample for compliance checks. In 2010 the Sampling Frame Coverage study found the list to be 95 % accurate.

United States Food and Drug Administration Tobacco Activities:

Authorized under the Family Smoking and Tobacco Control Act (Tobacco Control Act) (2009), the Federal Food and Drug Administration has authority to regulate the manufacture, marketing, and distribution of tobacco products to protect the public health generally and to reduce tobacco use by minors. Retailers, community groups and interested parties can check out the FDA web site for more information and guidance on the FDA's tobacco activities: http://www.fda.gov/TobaccoProducts/default.htm .

Nebraska Tobacco Laws:

Nebraska has an array of tobacco laws including laws related to indoor smoking, underage possession, and licensure. These laws are available through the Unicameral's website.